GovTribe Terms of Use

Updated January 19, 2016

Thanks for using GovTribe’s website, mobile application, and services (“Services”). These Terms of Use (“TOU” or "Terms") contain the terms under which GovTribe provides Services to you and describe how the Services may be accessed and used.

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services. If you don’t agree to any portion of the Terms, or the Terms as a whole, please discontinue the use the Services in any form.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

The Terms are divided into the sections listed below. Click on each section to view the Terms.

Fees for Services. You agree to pay to GovTribe any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select at the time of purchase. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.

Taxes. Unless otherwise stated, you are responsible for any taxes (other than GovTribe’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay GovTribe for the Services without any reduction for Taxes.

Price Changes. GovTribe may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. GovTribe will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

Privacy. In the course of using the Services, you may submit content to GovTribe including personal data, company data, work product, and information related to your business development and market research (“Content”). We know that by storing your Content on GovTribe, you are trusting us to treat it appropriately. GovTribe’s Privacy Policy, together with any Service-specific data use policies, privacy statements and privacy notices (collectively, “privacy policies”), detail how we treat your Content and personal data and we agree to adhere to those privacy policies.

Confidentiality. GovTribe will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by GovTribe); (b) was lawfully known to GovTribe before receiving it from you; (c) is received by GovTribe from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by GovTribe without reference to your Content.

Your Content. You retain ownership of all of your intellectual property rights in your Content. GovTribe does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

GovTribe IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the information you access through the Services (other than your Content). These Terms do not grant you any right to use GovTribe’s trademarks or other brand elements.

Government Data. GovTribe Services involve the display of information made publicly available by the government through a variety of sources. This data is not owned by GovTribe or created by GovTribe. Such information is the sole responsibility of the entity that makes it available, and the completeness and accuracy of that information on GovTribe is entirely dependent on the completeness and accuracy of the original government sources.

Project and Contract Data Sources. GovTribe data comes from a number of public federal government government sources. Federal government contract opportunity data, what is referred to as "Projects" on GovTribe, comes from FBO.gov. It is updated every 15 minutes, cleaned, connect it to other GovTribe data, and posted. Contract obligation data (what is referred to as "Contracts" on GovTribe) comes from FPDS.gov. It is mined every 24 hours, which is the same frequency with which the government updates the FPDS database. GovTribe also mines the GAO's protest docket and uses several agency-specific sources and public APIs to add additional information to the site.

Vendor Registration Data. Vendor information on GovTribe comes from the System for Award Management (SAM.gov), which is where companies that sell to the government are required to register their business information. Vendor data is updated monthly using a Public Data Package file provided by SAM.gov per the Freedom of Information Act (FOIA). GovTribe’s policy is full transparency regarding companies that are registered to do business with the federal government via contracts or grants. As such, GovTribe publishes everything that is in SAM.gov's Public Data Package file. Information about the Public Data Package file can be found by going to SAM.gov and clicking on the Data Access tab. The monthly file can be found about halfway down the page (in a box titled "Monthly File"). If any of your company information is incorrect or if you would like it changed for other reasons, GovTribe recommends that you update your SAM.gov profile. Changes will flow through to GovTribe once they make it in to the Public Data Package file.

Password Security. If you have been issued an account by GovTribe in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not GovTribe, are responsible for any activity occurring in your account (other than activity that GovTribe is directly responsible for which is not performed in accordance with the Customer’s instructions or activities), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify GovTribe immediately.

Account Usage. User accounts to access the GovTribe website and mobile app may be used by one individual per account, and may not be shared. If an individual account is shared among more than one individual, GovTribe may cancel that account with no prior notice, without allowing you to export your personal or company data, and without any obligation to refund any payments made to GovTribe.

Account Inactivity. GovTribe may terminate your account and delete any Content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.

Conduct and Communications. You are responsible for your conduct, Content, and communications with others while using the Services. GovTribe is not responsible for these things.

Misuse of Services. You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide. You may not circumvent or attempt to circumvent any limitations that GovTribe imposes on your account. This includes creating multiple user accounts to circumvent the two-week free trial limitation, or by modifying cookies or other system information to circumvent the monthly anonymous page views limitation.

Programmatic Exploitation. Unless authorized by GovTribe in writing, you may not probe, scan, or test the vulnerability of any GovTribe system or network. You may not deny others access to, or reverse engineer, the Services, or attempt to do so. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.

Abusive and Excessive Usage. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. This includes using automated methods for scraping GovTribe data, excessively downloading GovTribe site content (especially for the purposes of spamming people using any contact information available on GovTribe). GovTribe will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to GovTribe, however we reserve the right to terminate your account and block you from further usage without notice or a refund of any payments made.

Intellectual Property. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.

Resale of Information or Services. Unless authorized by GovTribe in writing, you may not resell or lease the Services or any analytical information extracted from GovTribe.

By You. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.

By GovTribe. GovTribe may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. GovTribe may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice but are under no obligation to do so. GovTribe has no obligation to retain your Content upon termination of the applicable Service.

Further Measures. If GovTribe stops providing the Services to you because you repeatedly or egregiously breach these Terms, GovTribe may take measures to prevent the further use of the Services by you, including blocking your IP address.

Changes to Terms. GovTribe may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. GovTribe may also provide notification of changes on its blog or via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require GovTribe to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

Changes to Services. GovTribe constantly changes and improves the Services. GovTribe may add, alter, or remove functionality from a Service at any time without prior notice. GovTribe may also limit, suspend, or discontinue a Service at its discretion. If GovTribe discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. GovTribe may remove information from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

Disclaimers. While it is in GovTribe’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. Except as expressly provided in these terms and to the extent permitted by applicable law, the services are provided “as is” and GovTribe does not make warranties of any kind, express, implied, or statutory.

Exclusion of Certain Liability. To the extent permitted by applicable law, GovTribe, its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, including damages for lost profits, loss of use, loss of data, arising out of or in connection with the services and these terms, and whether based on contract, tort, strict liability, or any other legal theory, even if GovTribe has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Limitation of Liability. To the extent permitted by applicable law, the aggregate liability of each of GovTribe, its affiliates, officers, employees, agents, suppliers, and licensors arising out of or in connection with the services and these terms will not exceed the greater of: (a) the amounts paid by you to GovTribe for use of the services at issue during the 3 months prior to the event giving rise to the liability; and (b) US$20.00.

Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

Businesses. If you are a business, you will indemnify and hold harmless GovTribe and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

Governing Law. Those terms are governed by the laws of the Commonwealth of Virginia (without regard to its conflict of laws provisions).

Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Arlington, Virginia, and the federal courts located in the Eastern District of Virginia with respect to the subject matter of those terms.

Assignment. You may not assign these Terms without GovTribe’s prior written consent, which may be withheld in GovTribe’s sole discretion. GovTribe may assign these Terms at any time without notice to you.

Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and GovTribe, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

Independent Contractors. The relationship between you and GovTribe is that of independent contractors, and not legal partners, employees, or agents of each other.

Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.

Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

Third Party Beneficiaries. There are no third party beneficiaries to these Terms.